File #: 19-1124B    Version: 1
Type: Ordinance Status: Passed
File created: 11/20/2019 In control: City Council
On agenda: 12/3/2019 Final action: 12/3/2019
Title: Pass the ordinance amending Sections 3-3-3 and 3-3-11 of the Naperville Municipal Code regarding the Class R - Legitimate Theater House liquor license
Attachments: 1. Ordinance, 2. Layout Example, 3. Liquor Commision Meeting Minutes
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Pass the ordinance amending Sections 3-3-3 and 3-3-11 of the Naperville Municipal Code regarding the Class R - Legitimate Theater House liquor license
body

DEPARTMENT: Legal Department

SUBMITTED BY: Jennifer Lutzke, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
On October 3, 2019, the Liquor Commission unanimously approved the proposed amendments.

BACKGROUND:
The Class R - Legitimate Theater House license allows for the sale of beer and wine for onsite consumption at theatrical presentations utilizing live actors. At present, there are two Class R licensees: Center Stage, located on Quincy Avenue, and Chartwell's at Wentz Concert Hall, located on Chicago Avenue. There is no cap on the Class R license. The Class R license currently limits sales and service of liquor to the lobby and places hourly restrictions on sales and service to one hour prior to the start of a performance and during intermission for not more than one hour.

The City was approached by Pete Ellman about text amendments to the Class R license. Mr. Ellman is interested in opening a jazz club at 1112 S. Washington that will have performances from local and national musicians. It is anticipated that the club will be open on Tuesday nights from 5:30p.m. to 9:30p.m. and Friday/Saturday nights from 6:30p.m.-10:00p.m. and other times depending on specific performers' schedules. The jazz club will serve chili and cornbread. Attached is a photo provided by Mr. Ellman that provides an example of the layout for the jazz club.

DISCUSSION:
In order to allow for a jazz club, an amendment is required to the "legitimate theater house" definition. The proposed text amendment modifies the definition to include musical presentations utilizing the talents of live performers. It also allows for service throughout performances by expanding the hours for sale and service until one-half hour before the end of the performance and the area for sales and se...

Click here for full text